2. Shorn of details, the prosecution case as set up in the
charge-sheet was that on 24.04.2009 the prosecutrix ‘X’ (changed
name) aged around 10 years was present at their mango orchard at
village Naroli to look after it in the absence of her parents who had
gone to see her ‘mausi’ suffering from some ailment at village Khera.
The victim’s parents had taken the said mango orchard on contract
from Nanhe Mian, the appellant’s uncle. At about 01.00 p.m. the
appellant came at the tube-well installed in a nearby orchard on a
bicycle and enquired from the prosecutrix about her mother. ‘X’
informed that her mother had gone to Khera. The appellant
immediately forcibly dragged ‘X’ to the ‘kothri’ of the tube-well and
threatened to kill her if she raised alarm. Inside the ‘kothri’, rape was
committed on her person by the appellant. When her sister PW-2
(Rakhi) arrived at the spot to serve lunch, she did not find ‘X’ there.
She went to the ‘kothri’ and saw ‘X’ lying unconscious; her salwar
was away at some distance. On seeing it, Rakhi frightened; she
poured water on X’s face and brought her home. She immediately
informed her parents about the incident and they rushed home at
around 04.00 p.m. ‘X’ was taken by her parents to the police chowki
in the village to lodge complaint. The police did not register the
Crl.A.781/2016 Page 2 of 17
complaint. On the third day, they approached senior police officers at
Sambhal. On their intervention, complaint (Ex.PW-1/1) of victim’s
father came to be recorded. The investigation was carried out by PW-
14 (Sarvesh Kumar Mishara). On 08.05.2009 the victim along with
her mother and sister recorded their supplementary statements. Efforts
by the Investigating Officer to apprehend the appellant proved futile.
On 18.05.2009 clothes which the prosecutrix was wearing at the time
of occurrence were produced and seized by the Investigating Officer.
PW-15 (Brajesh Singh) took over further investigation on 19.05.2009.
In the meantime, the appellant surrendered before the Court and was
arrested. Statements of the witnesses conversant with the facts were
recorded. Various exhibits collected during investigation were sent
for examination to Forensic Science Laboratory and its report was
collected. Upon completion of investigation, a charge-sheet was filed
against the appellant for commission of the aforesaid offences before
the Court concerned.
Source: Indian Kanoon